At Moss & Colella, P.C., we understand that clarity and transparency are essential in navigating a legal case, so we have created this timeline to help you track the progress of your case step by step. Whether you are a new client or a returning one, this timeline will provide a clear overview of what to expect throughout the process.
In the legal process of addressing medical negligence cases, one of the initial steps involves a detailed discussion between you and your lawyer regarding the medical condition and treatment that are central to the alleged negligence by the healthcare provider. During this consultation, your lawyer will gather information about the specific medical circumstances, including the diagnosis, treatment plan, and any deviations from the standard of care that may have occurred. This conversation is crucial in establishing the foundation for your case and determining the best course of action to seek justice for the harm caused due to medical negligence.
The attorneys at Moss & Colella will identify and retain highly qualified medical expert(s) to evaluate your case. This expert will be credentialed in the same medical specialty as the defendant. The expert medical witness is responsible for reviewing the medical records and providing an expert opinion regarding the expected standard of care and how the target defendant deviated from that standard of care, resulting in your serious injuries. Michigan medical malpractice cases require an expert to support the claims. Therefore, while this step can be time consuming, it is absolutely necessary.
Every medical malpractice case in Michigan must begin with filing a Notice of Intent to File Suit (NOI). This notice must be in written form and served on all healthcare providers who are to be sued at least 182 days before the lawsuit is officially filed. This crucial step in the legal process ensures that all parties involved are given proper notice and time to prepare for the upcoming litigation. If you are considering pursuing a medical malpractice case in Michigan, adhere to this critical requirement to protect your rights and ensure a smooth legal process.
In Michigan, the plaintiff's lawyer must submit an Affidavit of Merit (AOM) with the Complaint filed with the Court. The Affidavit is a sworn statement provided by the expert witness supporting your case. It explains the medical standard of care, that the standard was breached and in what manner, and that the breach was the proximate cause of your injuries. The AOM is required by Michigan law and is a necessary step that must be followed.
In a Medical Malpractice case, once the pre-lawsuit procedures have been satisfied, litigation begins, and the parties engage in the discovery process. This crucial procedure involves investigating the adversary's legal claims and defenses. Each party sends interrogatories, legal questions, and document requests to each other. It also conducts depositions of relevant parties and witnesses, typically starting with the plaintiff and defendant.
Depending on court deadlines, the discovery phase can extend over a year or more and may necessitate parties seeking the judge's intervention. It's common for one or both parties to be dissatisfied with the responses to interrogatories and document requests, leading to a motion to compel further responses. The judge then evaluates each side's arguments and decides, a process that can be repeated multiple times throughout the lawsuit.
In this process, the lawyers will discuss whether to settle the case. This involves the lawyers engaging in conversations to reach an agreement amongst themselves. Should a settlement not be achieved through these discussions, the next step will include mediation in the presence of a neutral mediator, who will assist in facilitating a resolution.
Negotiation and mediation often work to settle a case. However, if the two sides cannot agree, the case moves to trial. An essential factor to remember in the trial process is that even though a lawsuit is scheduled for trial, this does not mean the trial date is imminent. Often, trials will be rescheduled because of the court's delay in the case process. It is important that you remain available for your attorney to contact you through each step of your case so we can communicate important matters with you.
The attorneys of Moss & Colella have carefully chosen their career paths to fight for those that have suffered from injury and wrongful death. We believe every citizen should have the right to hire the best lawyer who will actively advocate for their case.
David Moss and Vince Colella have over 60 collective years of personal injury trial experience that provides you a level of legal services and success unmatched by other firms. By working together, we have the ability to find creative, effective, and efficient solutions to even the most complex cases. No matter what situation you face, we will help you get through it.
28411 Northwestern Hwy
Suite 1150
Southfield, MI 48034
